{"id":13288,"date":"2025-11-14T09:41:15","date_gmt":"2025-11-14T07:41:15","guid":{"rendered":"https:\/\/lexcovery.com\/2025\/11\/case-of-sokolov-and-others-v-ukraine\/"},"modified":"2025-11-14T09:41:15","modified_gmt":"2025-11-14T07:41:15","slug":"case-of-sokolov-and-others-v-ukraine","status":"publish","type":"post","link":"https:\/\/lexcovery.com\/en\/2025\/11\/case-of-sokolov-and-others-v-ukraine\/","title":{"rendered":"CASE OF SOKOLOV AND OTHERS v. UKRAINE"},"content":{"rendered":"<p>Okay, I will provide you with the analysis of the decision in the case of Sokolov and Others v. Ukraine.<\/p>\n<p>****<\/p>\n<p>1.  **Essence of the Decision:**<br \/>\n    The European Court of Human Rights (ECtHR) found Ukraine in violation of Article 6 \u00a7 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms in a series of joined applications. The applicants complained about being denied access to higher courts due to the excessively formalistic application of procedural rules regarding the time limits for lodging appeals. Specifically, appellate courts dismissed their appeals as time-barred, even though the applicants had not received the full text of the first instance judgments in a timely manner, making it impossible for them to lodge appeals within the prescribed period. The ECtHR concluded that these limitations impaired the very essence of the applicants\u2019 right of access to a court. In one case (Radchenko), the Court also found violations regarding the excessive length of criminal proceedings and the lack of effective remedy in domestic law. The Court awarded sums for non-pecuniary damage and costs to the applicants.<\/p>\n<p>2.  **Structure and Main Provisions:**<br \/>\n    The judgment begins with the procedure, outlining the origin of the applications and the notification to the Ukrainian Government. It then presents the facts, summarizing the applicants&#8217; complaints regarding the denial of access to higher courts. The legal analysis section addresses the joinder of the applications and the alleged violation of Article 6 \u00a7 1, referencing established case-law to support its findings. The Court reiterates that the right of access to a court is not absolute and it is subject to limitations, which, however, must not restrict or reduce a person\u2019s access in such a way or to such an extent that the very essence of the right is impaired. It also addresses other alleged violations in one of the applications (no. 3159\/19), finding additional breaches of the Convention. Finally, it outlines the application of Article 41, awarding compensation to the applicants. The judgment concludes with the Court&#8217;s decision to join the applications, declare them admissible, and hold that there has been a breach of Article 6 \u00a7 1 and other violations, as well as ordering the respondent State to pay the applicants specified amounts. An appendix lists the applications, providing details such as the applicant&#8217;s name, the specific irregularity complained of, relevant case-law, and the amounts awarded.<\/p>\n<p>3.  **Main Provisions for Use:**<br \/>\n    The most important provision is the finding that Ukraine violated Article 6 \u00a7 1 of the Convention by denying applicants access to higher courts through excessively formalistic application of procedural rules. The Court emphasized that limitations to the right of access to a court must not impair the very essence of that right. The judgment highlights the importance of ensuring that individuals have a real opportunity to appeal decisions, which includes providing timely access to the full text of judgments. This decision reinforces the principle that procedural rules should not be applied in a way that prevents individuals from exercising their right to a fair trial. The decision also highlights the obligation of the first-instance court to provide a copy of its judgment before the date on which the applicant actually received it.<\/p>\n<p><a href=\"https:\/\/hudoc.echr.coe.int\/?i=001-245815\"><strong>Full text by link<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Okay, I will provide you with the analysis of the decision in the case of Sokolov and Others v. Ukraine. **** 1. **Essence of the Decision:** The European Court of Human Rights (ECtHR) found Ukraine in violation of Article 6 \u00a7 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms in&hellip;<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_bbp_topic_count":0,"_bbp_reply_count":0,"_bbp_total_topic_count":0,"_bbp_total_reply_count":0,"_bbp_voice_count":0,"_bbp_anonymous_reply_count":0,"_bbp_topic_count_hidden":0,"_bbp_reply_count_hidden":0,"_bbp_forum_subforum_count":0,"pmpro_default_level":"","footnotes":""},"categories":[129,42],"tags":[],"class_list":["post-13288","post","type-post","status-publish","format-standard","hentry","category-echr-decisions","category-eu-legislation-important","pmpro-has-access"],"acf":{"patreon-level":0},"_links":{"self":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/13288","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/comments?post=13288"}],"version-history":[{"count":0,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/posts\/13288\/revisions"}],"wp:attachment":[{"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/media?parent=13288"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/categories?post=13288"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexcovery.com\/en\/wp-json\/wp\/v2\/tags?post=13288"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}